Jeremy Borda, 33, was slammed with the stiffest penalty — termination — at a Police Act disciplinary hearing Monday by hearing officer Supt. Paul Pedersen of York Regional Police. He has seven days to quit or face dismissal.

"He saw himself above the law," Pedersen said in his judgment at police headquarters.

Pedersen said Borda took the oath of an officer, but "he can turn it on or off when he sees fit."

"His pattern of behaviour gave me great concern," he said. "He has lost the confidence of the public and his employer. He can no longer be a useful member of the Waterloo Regional Police Service."

Last June, Borda pleaded guilty to 11 Police Act charges of discreditable conduct and one of insubordination.

He was also charged criminally with trafficking marijuana after he bought pot and gave it to another officer. He pleaded guilty to possession and was given a conditional discharge, a fine and community service with no conviction registered.

Police Chief Matt Torigian said the ruling is not a cause for celebration but rather speaks to the need to uphold public trust and confidence.

"Jeremy Borda had lost the confidence and trust of the community," he said. "He lost the moral authority and now the legal authority."

Torigian said the public disciplinary hearing is the service's commitment to transparency.

"This does not define who we are," he said. "We are still a world-class organization."

Borda's lawyer Bernard Cummins said his client is still absorbing the ruling and may appeal the decision to the Ontario Civilian Police Commission.

"There is a huge disconnect in the management approach. Only my client was charged with trafficking," he said.

Cummins said police administrators applied different standards when disciplining six officers who smoked pot off-duty. Only Borda was charged criminally.

Another officer, Const. Jason Gamble, who also smoked marijuana, was demoted to fourth-class from first-class constable. Const. Jennifer Falsetto was also demoted four ranks and got to keep her job.

Pedersen ruled that police management, in charging one and not the others, was not being inconsistent or inappropriate.

He said Borda's offences were distinguishable from the others because he had more offences and he should receive an increased penalty.

Borda was hired in 2004 and the misconduct began in 2006 and occurred until 2011 on his arrest.

The tribunal heard that Borda smoked pot with officers and civilians at parties and at home on numerous times. He also bought marijuana from a former girlfriend who was a drug supplier.

The hearing also outlined how Borda wanted preferential treatment for a friend who received a speeding ticket and asked another officer to rescind the ticket.

The hearing also heard that Borda supplied the pot to another officer and did not comply with officers in the police standards branch when they requested an interview with him.

Pedersen acknowledged that Borda, who was diagnosed with substance dependence disorder, was a frequent user, but the drug use was not a disability and did not contribute to the offences.

Borda had been suspended with pay.

In his hour-long judgment, Pedersen outlined the case against the officer. He said the misconduct by Borda was significant in the eyes of the public.

"The public sets higher moral standards for those with power. The public expects the service to hold members to the highest level of accountability," he said.

Pedersen said Borda's conduct discredited police officers and the service.

Although the defence said in its submissions that a group representing police chiefs in the country and the province had supported decriminalization of marijuana, possession of marijuana is still illegal today, Pedersen said.

(16) Comment

By chip|DECEMBER 12, 2013 12:19 AM

Well first of all don't just read the Record's misleading headlines. The officer was fired for several accounts of insubordination....he was NOT fired for smoking pot. In fact you can't get fired for that (the first time) as it is likely an addiction issue, and they have to give employees the opportunity to get your act together through addiction counseling, etc. After that you smoke at your own peril. The Police Services Act, along with the general public, hold police to a higher standard of expectations. These officers breached those standards….and Borda’s actions put him in a position where the public has lost the confidence that he can fulfill his duties .

Well Clearly Jeremy has been used to make an example, and to distract the citizens attention away from the real issue here. Yes he broke a law, and YES he should be punished......and he has now been. HOWEVER this is also Jeremy's chance to awaken the public to the real problem and begin to rebuild his life for the better, and he can begin by talking about the corruption, fraud, entitlement, and illegal activities deep within the WRPS........Perhaps we could crack open and expose the whole issue and not just the tip of the iceberg.......Whatda say Jeremy?????? do you want to remain a criminal in people's minds, or a hero to those who will listen? I WILL LISTEN.

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By Lorraine|DECEMBER 11, 2013 02:55 PM

It's high time - no pun intended - that marijuana is legalized. If Uruguay can do it, so can we.

Let's remember these are very special people, better than the rest of us, that deserve pay increases every year (while most of us are asked to tighten our belts or give up services), all the toys they can petition for, and the right and freedom to do whatever they please. Why only give them over half the regions budget, when we can give them all our money. That being said, an officer that prefers a plant to alcohol when he's off duty is probably the least of our worries. He shouldn't have done it because it's currently the law, but it's a law that costs us lot and does NOTHING to keep us safer.

@henrycaught is not a frivilous accusation. there is a larger double stanstard between cops and the general public. suspended with pay for being caught red handed? what civil company would pay an employee wages stealing, assult, or smoking pot. it is still illegal and thats that. a bad cop is a bad cop. too many have been given extra privilges for doing illegal acts. in guelph a cop selling drugs to someome gets off with a reprimand. in the same town a cop steals, does drugs, jepordizes an investigation, tampers with evidence and he is paid while waiting trial then gets 7 months pay to get his life together. what person from the public would get that kind of sentence from the courts.